Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Leave to proceed in bankruptcy

Legal area

Court

30 Dec 2025

CHAN CHOI HAR IVY v. DADRA INC.

Citation

[2025] HKCFA 25
Court

Court of Final Appeal
Case number

FACV4/2025

Leave to proceed under BO s.12 granted to continue an O.49B oral examination can properly found jurisdiction for subsequent consequential enforcement steps including an application for imprisonment under O.49B r.1B(1)(c); BO s.12 does not require separate piecemeal leave for each stage of the O.49B enforcement process provided the leave is not expressly limited and procedural safeguards protecting personal liberty are observed.
29 Jun 2022

WIN CITY LTD v. SHUM HO

Citation

[2022] HKCFI 1958
Court

Court of First Instance
Case number

HCA1807/2015

The application for a stay was dismissed because the trustee in bankruptcy, not the bankrupt, held the relevant choses in action arising from the bankruptcy order and had not assigned or consented to the bankrupt prosecuting an appeal; consequently the bankrupt lacked locus standi to appeal and there was no arguable appeal to justify a stay, notwithstanding that the substantive claim for vacant possession was not a debt provable in bankruptcy.